If an AWS’ functioning is opaque, then humans responsible for the application of IHL rules — both persons entrusted with the legal review of an AWS and persons responsible for compliance with IHL during its use — could not reasonably determine its lawfulness under IHL … In addition, new legally binding rules would strengthen existing requirements for weapon reviews under Article 36 of [AP I]. These reviews provide an obligation to review weapons, means and methods of warfare against States’ legal obligations. The establishment of international legal obligations relating to the development and use of AWS would promote standardization of States’ review processes around the world and help ensure that they are conducted transparently and consistently.
Proposal for the Normative and Operational Framework on Autonomous Weapons Systems: submitted by the State of Palestine (3 March 2023) CCW/GGE.1/2023/WP.2/Rev.1
